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City Council - 10/04/2005 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 4, 2005 7:00 PM, CITY CENTER Riley-Jacques Barn 9096 Riley Lake Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, and Philip Young. Councilmember Ron Case was absent. CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, City Engineer Al Gray and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 6:56 p.m. The Riley-Jacques Barn was built in 1928 of local materials and is a community asset, available for rental and used for many Parks programs. The Eden Prairie Players will present three performances of one-act plays this weekend. Councilmember Case was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added an award presentation to Report of the City Manager and removed Item IX.B. regarding sign permits. Lambert added an item to announce a Town Meeting regarding the referendum and removed Item 12.1).1. regarding a water ski course and Item 12.D.2. regarding park signage. MOTION: Aho moved, seconded by Young, to approve the agenda as published and amended. Motion carried 4-0. V. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 20, 2005 MOTION: Butcher moved, seconded by Young, to approve the Council Workshop minutes as published and amended. Motion carried 4-0. CITY COUNCIL MINUTES October 4, 2005 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 20, 2005 Aho noted in the last paragraph on page 6, "with increases about COLA" should be "with increases above COLA" MOTION: Young moved, seconded by Butcher, to approve the City Council minutes as amended and published. Motion carried 4-0. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. BLUFF COUNTRY VILLAGE 2002 by Trek Development. Adopt Resolution No. 2005-116 granting extension to the developer's agreement and site plan approval. (Resolution for extension to the developer's agreement and site plan approval) C. APPROVE PROPOSAL FROM ST. CROIX ENVIRONMENTAL TO COMPLETE IMPLENTATION OF THE CITY'S WELLHEAD PROTECTION PLAN, I.C. 00-5515 D. AWARD CONTRACT FOR SAND/SALT STORAGE FACILITY, I.C. 00-5519 E. ADOPT RESOLUTION NO. 2005-117 ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM AS THE INCIDENT MANAGEMENT SYSTEM TO BE USED BY THE CITY OF EDEN PRAIRIE F. APPROVE CHANGE ORDER A-2 FOR BUILDING REPAIRS AT THE J.R. CUMMINS HOUSE G. ADOPT RESOLUTION NO. 2005-118 AUTHORIZING ISSUANCE OF $2,690,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2005B H. ACCEPT PROPOSAL FROM GREENSIDE INC. TO PERFORM SNOW REMOVAL AT CITY CENTER, DEN ROAD LIQUOR, FIRE STATIONS 12 & 3 AND BUILDING 51 FOR 2005-2006 WINTER SEASON I. AWARD CONTRACT FOR CONCRETE REPAIRS AT 12-CITY OWNED BUILDINGS TO METRO CONCRETE J. AWARD CONTRACT FOR ROOF REPLACEMENT AT STARING LAKE SHELTER AND MILLER ICE RINK SHELTER TO SELA ROOFING CITY COUNCIL MINUTES October 4, 2005 Page 3 MOTION: Young moved, seconded by Aho, to approve Items A-J on the Consent Calendar. Motion carried 4-0. VII. PUBLIC HEARINGS/MEETINGS A. EDEN PRAIRIE TECH CENTER by Mount Properties. Request for Planned Unit Development Concept Review on 16.47 acres; Planned Unit Development District Review with waivers on 5.01 acres; Zoning District Amendment in the I- 5 Zoning District on 5.01 acres; Site Plan Review of 16.47 acres; Preliminary Plat of 16.47 acres into one lot and one outlot. Location: 6509 Flying Cloud Drive. (Resolution No. 2005-119 for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Amendment, Resolution No. 2005-120 for Preliminary Plat) Neal said the proposed plan is to subdivide the property into a 10-acre and a 5- acre lot. The north portion of the building would be removed on the proposed 10- acre lot. The south 69,500 square feet of building would remain on the proposed 5-acre lot. The Planning Commission voted 6-0 to recommend approval of the project at the September 12, 2005 meeting subject to a revised landscape plan to include 161 additional inches of trees, and a rooftop mechanical equipment screening plan for existing and proposed units. There were no comments from the public. MOTION: Young moved, seconded by Aho, to close the Public Hearing and adopt Resolution No. 2005-119 for Planned Unit Development Concept Review on 16.47 acres; approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the I-5 Zoning District on 5.01 acres; adopt Resolution No. 2005-120 for Preliminary Plat on 16.47 acres into one lot and one outlot; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 4-0. B. EDEN BLUFF CORPORATE CENTER I by United Properties. Request for Planned Unit Development Concept Review on 36.8 acres; Planned Unit Development District Review with waivers on 18.47 acres; Zoning District Change from Rural to Office on 18.47 acres; Site Plan Review of 18.47 acres; Preliminary Plat of 36.8 acres into one lot and two outlots. Location: Charlson Road and Hwy 212. (Resolution No. 2005-121 for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Change, Resolution No. 2005-122 for Preliminary Plat) Neal said this is a 150,000 square foot office building. The parking setback is proposed to be decreased from 35 feet to 17.5 feet so that additional green space CITY COUNCIL MINUTES October 4, 2005 Page 4 and trees can be added to the west side of the site to provide a better buffer to the future residential area across the pond. In addition, changes to the plan provide screening of the loading area from future homes across Liatris Lane and changes to signage. The Planning Commission voted 6-0 to recommend approval of the project at the September 12, 2005 meeting. Tyra-Lukens confirmed with the proponent that an early grading permit was also sought. There were no comments from the public. MOTION: Butcher moved, seconded by Aho, to close the Public Hearing; adopt Resolution No. 2005-121 for Planned Unit Development Concept Review on 36.8 acres; approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to Office on 18.47 acres; adopt Resolution No. 2005-122 for Preliminary Plat on 36.8 acres into one lot and two outlots; direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions; and direct staff to issue a land alteration permit, footing and foundation permit, and early grading permit. Motion carried 4-0. VIII. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Young, to approve Payment of Claims as submitted. The motion carried on a roll-call vote with Aho, Butcher, Young, and Tyra-Lukens voting "aye." IX. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTIONS 2.23 ESTABLISHING A CONSERVATION COMMISSION Neal said this ordinance establishes a new citizen's advisory commission, which will be called the Conservation Commission. It will operate in the same manner as the City's four other citizen advisory commissions. Its mandate is outlined in the ordinance. If approved by the Council, the City will solicit the community for citizens to serve on the commission during our standard Board & Commission recruitment process, which starts in January 2006. Under this timeline, the Conservation Commission would have its first regular meeting in April 2006. Tyra-Lukens said the timing is good. Many cities are starting to explore ways to save energy. Aho asked about the wording concerning penalties in the ordinance. He did not want the Commission to have a part in making citations or imposing fines or penalties. City Attorney Ric Rosow explained the language is in every City CITY COUNCIL MINUTES October 4, 2005 Page 5 Ordinance and pertains to the Council's ability to enforce the ordinance. The Commission would not have this authority. MOTION: Aho moved, seconded by Butcher, to approve first reading of an Ordinance amending City Code sections 2.23 relating to Boards and Commissions; and adopting by reference city code chapter 1 and section 2.99, which among other things, contain penalty provisions. Motion carried 4-0. B. SCHUBERT OUTDOOR ADVERTISING, INC. Adopt Resolutions reaffirming staff decision to deny permits for two outdoor advertising signs. (Resolutions reaffirming staff decision to deny permits for two outdoor advertising signs) This item was removed from the agenda. X. PETITIONS, REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Budget Line Item Reductions—Mayor Tyra-Lukens Tyra-Lukens postponed till the next meeting discussion of proposed reductions, since the needed data had not been available. 2. Eden Prairie Reads-- Mayor Tyra-Lukens Tyra-Lukens noted the book this year is "Ordinary People" and that many events are planned for this October, including an October 181h appearance by the author at Eden Prairie High School. B. REPORT OF CITY MANAGER 1. National League of Cities Award Neal presented a 15-year membership award from the National League of Cities to the Council. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL MINUTES October 4, 2005 Page 6 D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Town Meeting on the Parks Referendum Lambert announced the town meeting on the Parks Referendum would be held Tuesday, October 1 lth at 7:00 p.m. in the Council Chamber. It will be a joint Council and Parks meeting and an opportunity to answer questions from the public. 2. Bryant Lake Water Ski Team Request This item was removed from the agenda. 2. Park Sisn Desisns This item was removed from the agenda. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF 1. Fire Station Bids Fire Chief George Esbensen said all bids for the fourth and final fire station were unacceptably high. The project will be rebid after going through the bid documents and waiting for more competitive market conditions, possibly in December and January. MOTION: Young moved, seconded by Butcher, to reject all bids for the construction of Fire Station#4. Motion carried 4-0. H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Butcher moved, seconded by Young, to adjourn the meeting. Motion carried 4-0. The meeting adjourned at 7:16 p.m.